Camphor Monopoly Law
法令番号: 法律第113号
公布年月日: 昭和24年5月28日
法令の形式: 法律

審議経過

I hereby promulgate the Camphor Monopoly Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the fifth month of the twenty-fourth year of Showa (May 28, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.113
Camphor Monopoly Law
Whole Part of the Crude Camphor and Camphor Oil Monopoly Law (Law No.5 of 1913) shall be amended:
Contents
Chapter I. General Provisions(Articles 1-3)
Chapter II. Manufacture(Articles 4-13)
Chapter III. Import(Article 14)
Chapter IV. Sales(Articles 15-17)
Chapter V. Miscellaneous Provisions(Articles 18-20)
Chapter VI. Penal Provisions(Articles 21-28)
Supplementary Provisions
Chapter I. General Provisions
(Definition)
Article 1.　The term "camphor" in this Law shall mean a solid substance containing more than 50 per cent of 2-Oxo-Camphane in quantity.
2　The term "crude camphor" in this Law shall mean the camphor manufactured from the plant of cinnamomum or turpentine oil by distillation or adding other operation.
3　The term "re-manufactured camphor" in this Law shall mean the camphor manufactured from crude camphor oil.
4　The term "refined camphor" in this Law shall mean the camphor refined from remanufactured camphor or crude camphor by sublimation or adding other operation.
5　The term "camphor oil" in this Law shall mean crude camphor oil, and oil substance separated from crude camphor oil by distillation or adding other operation.
6　The term "crude camphor oil" in this Law shall mean the oil substance described in the following items containing more than 5 percent of 2-Oxo-Camphane in quantity:
(1)　Oil substance extracted from the plant of cinnamomum by distillation or adding other operation;
(2)　Oil substance containing more than 50 per cent of the substance prescribed in the preceding item.
7　The term "rectified camphor oil" in this Law shall mean the oil substance separated from crude camphor oil by distillation or adding other operation.
(Power of Monopoly)
Article 2.　The power of the monopolistic purchase, import and sale of crude camphor, and crude camphor oil belongs exclusively to the State.
(Enforcement of Power of Monopoly)
Article 3.　The power which belongs exclusively to the State in the provisions of the preceding Article and necessary matters attached to the power shall be exercised by the Japan Monopoly Public Corporation (hereinafter to be referred to as the "Corporation" ) by virtue of this Law and the Japan Monopoly Public Corporation Law (Law No.255 of 1948).
Chapter II. Manufacture
(Manufacture)
Article 4.　The Corporation or any person who has obtained from the Corporation an allotment prescribed in paragraph 1 or 2 of Article 7 may manufacture crude camphor or crude camphor oil.
2　Crude camphor or crude camphor oil shall not be manufactured by any person other than those prescribed in the preceding paragraph.
(Purchase)
Article 5.　The Corporation shall purchase all the crude camphor or crude camphor oil manufactured by each person who manufactures crude camphor or crude camphor oil after obtaining the allotment prescribed in paragraph 1 or 2 of Article 7 (hereinafter to be referred to as "manufacturer" ).
2　The purchase price for the articles mentioned in the preceding paragraph shall be fixed by the Corporation and a public announcement thereof shall be made previously.
(Estimated Quantity of Manufacture)
Article 6.　The Corporation shall yearly decide the estimated quantity of crude camphor and crude camphor oil to be manufactured during a fiscal year beginning from April 1 and ending March 31 of the following year.
(Allotment of the Quantity to be Manufactured)
Article 7.　A person who intends to manufacture crude camphor or crude camphor oil shall, on application to the Corporation, at each manufactory, obtain yearly the allotment of the crude camphor or crude camphor oil estimated to be manufactured during the ensuing year in accordance with the procedure prescribed by the Corporation.
2　The Corporation may increase the individual allotment referred to in the preceding paragraph, or grant additional allotments, based on respective applications, within the fiscal year concerned, when it is necessary to ensure the estimated quantity of manufacture mentioned in the preceding Article.
3　A manufacturer shall not manufacture crude camphor or crude camphor oil exceeding the quantity allotted in accordance with the provisions of the preceding two paragraphs.
4　A person who intends to manufacture crude camphor or crude camphor oil shall, except when he himself is in charge of the manufactory, decide an administrator for each manufactory, and submit a report to that effect at the time of sending in an application mentioned in paragraph 1 or 2. A similar report shall be submitted each time when an administrator is intended to be either newly decided or changed.
5　The allotment mentioned in paragraph 1 or 2, within the limit of the applied quantity, shall be decided by making the capacity of manufacture, etc. standard. In this case, the allotment shall not be made on the basis of, or influenced by the fact of the permission for manufacturing crude camphor or crude camphor oil previously granted by virtue of the Crude Camphor and Crude Camphor Oil Monopoly Law before amendment (hereinafter to be referred to as "Old Law" ).
(Restriction or Cancellation of Allotment)
Article 8.　The Corporation may refuse to make the allotment mentioned in paragraph 1 or 2 of the preceding Article in case an applicant or administrator of a manufactory falls under one of the following items:
(1)　In case he has been punished by virtue of this Law (including the notified measure to be issued on the basis of the Anti-National Tax Evasion Law (Law No.67 of 1900) which shall apply mutatis mutandis to the case mentioned in Article 28, and hereinafter the same shall apply), and a period of two years has not expired since the date of his punishment;
(2)　In case he is engaged in the manufacture, processing and sale, etc. of lumber and there is a possibility that he may use camphor trees for purposes other than the manufacture of crude camphor or crude camphor oil;
(3)　In case he is engaged in the sale or export of camphor or camphor oil or engaged in the business of manufacturing plastics, medicines, perfumes, or other products making use of camphor or camphor oil.
2　The Corporation may cancel the allotment made in accordance with paragraph 1 or 2 of the preceding Article in case a manufacturer has fallen under one of the items mentioned in paragraph 1.
3　The Corporation may require a manufaeturer a change in the administrator of a manufactory in case the administrator has fallen under one of the items mentioned in paragraph 1. In this case the provisions of the preceding paragraph shall apply mutatis mutandis when the manufacturer fails to comply with the Corporation's requirement.
4　In case a juridical person is an applicant or a manufacturer, the representative of the juridical person shall be also deemed to be an applicant or a manufacturer in regard to the application of the provisions of paragraphs 1 and 2.
5　In case a minor or interdict is an applicant, manufacturer or administrator of a manufactory, his legal representative shall be also deemed to be an applicant, manufacturer or administrator of a manufactory in regard to the application of the provisions of paragraphs 1 to 3 inclusive;provided that this shall not apply in the case of a minor who has equal competence to an adult in regard to the transaction of business.
6　In case the Corporation intends to make cancellation of allotment in accordance with the provisions of paragraph 2 (including the case where the said paragraph shall apply mutatis mutandis to the latter part of paragraph 3), or to require to make a change in an administrator of a manufactory in accordance with the provisions in the former part of paragraph 3, the Corporation shall hold a hearing for interested persons, for the purpose of determining whether such cancellation or change shall be required.
7　The hearing mentioned in the preceding paragraph shall be held 15 days after the notice has been delivered in writing to the manufacturer or his representative, to the effect that the Corporation may make the disposition in accordance with the preceding paragraph.
8　The manufacturer, administrator of a manufactory, their representative, others interested and the necessary witnesses may attend the hearing mentioned in paragraph 6 and express their opinions or state the facts in question.
(Succession to and Abandonment of Manufacture)
Article 9.　In the case of the decease of a manufacturer, his heir who intends to succeed to the manufacture of the crude camphor or crude camphor oil, shall report to that effect within two months from the date of the decease to the Corporation.
2　The manufacturer who intends to abandon the manufacture in his manufactory shall report to the Corporation.
(Requirement)
Article 10.　The Corporation may require the manufacturers to be in conformity with the standard which is previously decided by the Corporation, relating to methods of extraction and use of materials, processes of manufacture as well as places and ways of storing.
(Delivery)
Article 11.　The manufacturer shall deliver all of the crude camphor or crude camphor oil manufactured by him to the Corporation after giving it arrangements with the method decided by the Corporation.
2　The Corporation shall decide the term, date and the place of the delivery prescribed in the preceding paragraph.
3　The manufacturer shall not mix other materials with the crude camphor or crude camphor oil to be delivered.
4　In case the crude camphor or crude camphor oil delivered by a manufacturer is inferior in quality, the Corporation may indicate him to re-deliver it after giving it proper treatment.
(Judging and Re-judging)
Article 12.　The Corporation shall judge the quality of the crude camphor or crude camphor oil delivered by a manufacturer and pay him a purchase price appropriate for the quality thereof.
2　In case the manufacturer is dissatisfied with the judging in the preceding paragraph, he may demand a re-judging to the Corporation.
3　The claim for the re-judging in the preceding paragraph shall be made before the request for a purchase price.
4　In case the claim for the re-judging was made, the Corporation shall nominate two or more judges to make them re-judge and decide its quality. In this case, at least a half of all judging members shall be nominated from among persons other than the employees of the Corporation.
5　In case the quality of the crude camphor or crude camphor oil re-judged proves not to be higher than the quality judged under paragraph 1, the judging expenses shall be borne by the claimant.
6　The Corporation may, when the re-judging in accordance with the provisions of paragraph 2 is claimed, postpone the payment of the purchase price before the decision thereupon.
(Disposal subsequent to Abandonment of Business)
Article 13.　As to the crude camphor or crude camphor oil which is in existence actually in case the manufacturer has abandoned his manufacture or his allotment has been cancelled in accordance with the provisions of paragraph 2 of Article 8 (including the case where the said paragraph shall apply mutatis mutandis to the latter part of paragraph 3 of the same Article), he shall still be deemed to be a manufacturer thereof.
Chapter III. Import
(Import)
Article 14.　The crude camphor or crude camphor oil shall not be imported by any person other than the Corporation or a person who is entrusted by the Corporation.
2　The camphor or camphor oil except the crude camphor or crude camphor oil shall not be imported without the permission of the Corporation.
3　The provisions of the preceding two paragraphs shall not be applicable to the camphor or camphor oil which is held by a traveller for the purpose of his own use, in case it is the article decided by the provisions of Ministry of Finance Ordinance.
Chapter IV. Sale
(Sale Price)
Article 15.　The Corporation shall fix the sale price of the crude camphor or crude camphor oil to be sold by the Corporation with the approval of the Minister of Finance.
2　The provisions of the preceding paragraph shall not impede the application of the provisions of Article 3 of the Finance Law (Law No.34 of 1947).
(Custody Fee)
Article 16.　In case a person who has purchased the crude camphor or crude camphor oil from the Corporation fails to take delivery of the goods within the term agreed upon between the Corporation and the parties concerned, the Corporation may collect the appropriation of the custody fee from the said person, provided that this shall not apply to the number of days when the person cannot take delivery of the goods due to the reason not liable for his responsibilities.
(Postponed Payment of Purchase Price)
Article 17.　The Corporation may permit a person who purchased the camphor or crude camphor oil from the Corporation for the postponed payment of the purchased price by collecting the reliable security, when it is deemed difficult to be paid at one time.
2　Notwithstanding the provisions of the preceding paragraph, the Corporation may, when it is deemed specially necessary, exempt from the deposit of securities, provided that the amount equivalent to the securities deposited shall be more than one-third of the purchase price.
3　When the purchase price has not, the case of paragraph 1, been paid by the date of the payment, the Corporation may collect the interest against the amount in arrears under the provisions of Ministry of Finance Ordinance.
4　In case the postponement for the person permitted in accordance with paragraph 1 has been deemed unnecessary or extremely improper to be continued by the Corporation, the Corporation may cancel the permission for the postponement.
Chapter V. Miscellaneous Provisions
(Restriction on Possession and the Like)
Article 18.　No person shall possess, hold, transfer or be transferred the camphor or camphor oil, except in the case authorized by the provisions of this Law, other than the crude camphor or crude camphor oil sold by the Corporation, or the refined camphor, re-manufactured camphor or the rectified camphor oil manufactured from those articles sold by the Corporation, or articles processed with the above, provided that the same shall not apply to a person who possesses or holds it with proper reasons.
2　The Corporation may, except in the case of confiscation under this Law, make the articles which fall under the preceding paragraph deliver as decided by the Corporation, in this case the provisions of paragraph 1 of Article 12 shall be applicable mutatis mutandis, except the camphor or camphor oil mixed with other materials.
(Visiting for Inspection)
Article 19.　The Corporation may make its competent employees visit the manufactories, offices, stores, business establishments or warehouses of the manufactures or a person who has received the trust or permit for the import of the camphor or camphor oil by the Corporation to inspect the camphor, camphor oil, tools or machines, book or papers.
2　On visiting the places under the preceding paragraph for the inspection, the competent employees shall carry a certificate to prove his status and show it at the request of the persons concerned.
(Compulsory Collection)
Article 20.　The sum of price to be paid to the Corporation in accordance with the provisions mentioned in paragraph 5 of Article 12, may be collected following the suit of the disposition for the recovery of the national tax in arrears, provided that the same shall come next to the National Tax in the order of the preferential right.
Chapter VI. Penal Provisions
(Penal Provisions)
Article 21.　A person who is in contravention of the provisions of paragraph 2 of Article 4 or paragraph 1 of Article 18 shall be punished with a fine not exceeding 300,000 yen.
Article 22.　A person who imports the camphor or camphor oil in contravention of the provisions of paragraph 1 or 2 of Article 14, shall be punished with a fine not exceeding 300,000 yen, provided that, if the sum equivalent to ten times as much as the price of the camphor or camphor oil has been imported exceeding 300,000 yen, the fine shall be the sum not exceeding ten times as much as the corresponding price.
2　With regard to a person who has prepared with the purpose of committing a crime under the preceding paragraph or has commenced to execute his crime under the provisions of the same paragraph but not accomplished it, the example of the same paragraph shall be followed.
3　The price mentioned in paragraph 1 shall be the sum of the original cost at the place where such camphor or camphor oil was produced or purchased added to the packing cost, freight cost, insurance premium, other expenses needed before its arrival at the importing place and a sum equivalent to the import duty.
Article 23.　Any person who falls under any one of the provisions of the following items shall be punished with a fine not exceeding 100,000 yen:
(1)　A person who is in contravention of the provisions of paragraph 3 of Article 7 or paragraph 3 of Article 11;
(2)　A manufacturer who fails, without proper reasons, to deliver the crude camphor or crude camphor oil to the place decided by the Corporation till the date of deliver decided by it.
Article 24.　Any person who falls under any one of the provisions of the following items shall be punished with a fine not exceeding 50,000 yen:
(1)　A person who fails to make the report prescribed in the provisions of paragraph 4 of Article 7 or paragraph 1 or 2 of Article 9 or makes a false report;
(2)　A person who fails to obey the requirement of the Corporation prescribed in the provisions of Article 10;
(3)　A person who has rejected, interfered, or avoided the inspection prescribed in Article 19.
Article 25.　The camphor or camphor oil (including the objects with other materials mixed with the camphor or camphor oil) relating to such offences under Article 21, paragraph 1 or 2 of Article 22 or item 1 of Article 23, shall be confiscated.
2　In case the objects mentioned in the preceding paragraph have been transferred to others or consumed, or such objects are inconfiscable because they are owned by another person, a sum equivalent to the price thereof shall be additionally collected from the offender.
Article 26.　In case a representative of a juridical person or a proxy, servant or other employee of a juridical person or a person, is found to have done a violative act under the provisions of Articles 21 to 24 inclusive concerning the business or the property of a juridical person or a person, not only the actual violator but also the juridical person or a person shall be punished with a fine under the provision of the respective Articles.
Article 27.　To a person who has committed a crime in respect to the provisions of Articles 21 to 24 inclusive (except item 3 of Article 24), the provisions of the proviso to paragraph 3 of Article 38, paragraph 2 of Article 39, Article 40, Article 41, paragraph 2 of Article 48, Article 63 and Article 66 of the Criminal Code (Law No.45 of 1907) shall not apply.
Article 28.　The provisions of the Anti-National Tax Evasion Law shall apply mutatis mutandis to the violative case under this Law;in this case, such violative case under this Law shall be deemed to be the violative case of an indirect national tax.
2　In the case of the preceding paragraph, the duties of the chief of Regional Financial Bureau or the chief of Taxation Office or the tax collector prescribed in the Anti-National Tax Evasion Law shall be performed by the officers or employees of the Corporation as well as the juridical police personnel and national public personnel prescribed in the provisions of paragraph 2 or 3 of Article 79 of the Tobacco Monopoly Law (Law No.111 of 1949).
3　The provisions of paragraph 5 and paragraphs 7 to 10 inclusive of Article 79 of the Tobacco Monopoly Law shall apply mutatis mutandis to the case under the provisions of paragraph 1.
Supplementary Provisions:
1.　This Law shall come into force as from June 1, 1949.
2.　The designation made under the provisions of Article 2 of the Old Law, the compensation published under the provisions of Article 3 of the Old Law or the fixed price under the provisions of Article 13 of the Old Law or the permission for the deferred payment of the purchased price made under the provisions of the Ministerial Ordinance issued under the Old Law, shall be deemed to be the term, place, price decided by the Corporation or the permission for the deferred payment made by it under this Law respectively.
3.　The price, the camphor or camphor oil or other articles which are to be delivered to or received from the Government, on and after the date of enforcement of this Law, under the Old Law or the ordinance issued thereunder or in consequence of the disposition made by the Government under the Old Law or the ordinance issued thereunder shall respectively be delivered to or received from the Corporation;the same shall be applicable to the articles which were to be delivered to or received from the Government before the enforcement of this Law.
4.　A person who has been punished under the Old Law shall be deemed to have been punished under this Law.
5.　With regard to the application of the penal provisions for an act which was committed before the enforcement of this Law the example of the precedent shall be followed.
6.　The violative case under the provisions of the Old Law shall be dealt with following the example of Article 28.
7.　The disposition which has been made in accordance with the Anti-National Tax Evasion Law which applies mutatis mutandis to Article 23 of the Old Law, shall be deemed to have been made by the officers or employees of the Corporation who are competent in accordance with this Law.
8.　A person who actually manufactures the crude camphor or crude camphor oil at the time of the enforcement of this Law with the permission in accordance with the provisions of paragraph 1 of Article 6 or paragraph 2 of Article 7 of the Old Law and intends to continue the manufacture after the enforcement of this Law, shall, for each manufactory apply to the Corporation in order to obtain the allotment of the estimated quantity to be manufactured, for the quantity after April 1, 1949 till March 31 of the ensuing year including the quantity already manufactured on and after April 1, 1949, within one month after the enforcement of this Law.
9.　The provisions of the former part of paragraph 4 and paragraph 5 of Article 7, and paragraphs 1, 4 and 5 of Article 8 shall apply mutatis mutandis to the allotment under the preceding paragraph.
10.　A person who has obtained the allotment under paragraph 8 shall be deemed to be a person to have obtained the allotment under paragraph 1 of Article 7.
11.　A person who has obtained the permission under paragraph 1 of Article 6 of the Old Law or under paragraph 2 of Article 7 of the Old Law and actually manufactures the crude camphor or crude camphor oil at the time of the enforcement of this Law, may manufacture the crude camphor or crude camphor oil, notwithstanding the provisions of Article 4, till the date when one month has elapsed after the enforcement of this Law (as to a person who has applied in accordance with the provisions of paragraph 8, till the date of allotment under the same paragraph has been given or the date when the notification of non-allotment in accordance with the provisions of paragraph 1 of Article 8 that shall apply mutatis mutandis to paragraph 9 has been made.)
12.　The crude camphor or crude camphor oil manufactured within the period prescribed in the preceding paragraph by a person to whom the provision of the preceding paragraph shall be applicable, shall be deemed to be the articles manufactured by the manufacturer in accordance with the provisions of this Law.
13.　The camphor other than the crude camphor possessed by the Corporation at the time of enforcement of this Law, so far as the application of this Law is concerned, shall be deemed to be the crude camphor.
14.　The camphor and camphor oil which has been sold by the Government before the enforcement of this Law and the rectified camphor oil which the Corporation has possessed at the time of the enforcement of this Law and sold after the enforcement of this Law, as far as the application of the provisions of Article 18, is concerned shall be deemed to be the crude camphor or crude camphor oil sold by the Corporation.
15.　The Law relative to the Exceptions to Article 3 of the Finance Law (Law No.27 of 1948) shall be deemed to be contained, while it is remained effective, in Article 3 of the Finance Law mentioned in paragraph 2 of Article 15.
Minister of Finance　IKEDA Hayato
Prime Minister　YOSHIDA Shigeru